Can the Departmen of Justice garnish my wages if it wasmy spouse that committedan offense and we file for divorce?

Asked on March 13, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is possible that if while married your spouse becomes obligated to a creditor for an offense for a certain amount of money and you later divorce, under the marital laws of your state you could personally be responsible for any such moneys claimed owed by the Department of Justice in any wage garnishment with respect to you even though your did not commit the offense. The reason would be that the debt is a marital debt.

In such a situation, it is very important to have a marital dissolution agreement stating that any obligation concerning the offense that your are writing about would be the responsibility of the former spouse, not you.


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